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Shipping – Carriage by sea. In a claim for personal injury brought against the appellant, the appellant sought a contribution from the respondent. The respondent successfully obtained summary judgment dismissing the claim on the basis that the right on which the personal injury claim had been brought had been extinguished through art 16 of the Convention Relating to the Carriage of Passengers and their Luggage by Sea (the Athens Convention). The Court of Appeal, Civil Division, allowed the appeal. It held that the claim for a contribution had not been one to which the Athens Convention had applied. Further, the language of art 16 of the Athens Convention was not such as to extinguish the right on which the claim was based.
Shipping – Carriage by sea. In a claim for personal injury brought against the appellant, the appellant sought a contribution from the respondent. The respondent successfully obtained summary judgment dismissing the claim on the basis that the right on which the personal injury claim had been brought had been extinguished through art 16 of the Convention Relating to the Carriage of Passengers and their Luggage by Sea (the Athens Convention). The Court of Appeal, Civil Division, allowed the appeal. It held that the claim for a contribution had not been one to which the Athens Convention had applied. Further, the language of art 16 of the Athens Convention was not such as to extinguish the right on which the claim was based.
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